How Does a Domestic Violence Charge Affect Your Future?
While being charged with a crime is often a frightening experience, many people think they don’t have to worry about anything unless they are convicted. But that is not true when it comes to a charge of domestic violence. The charge can affect you immediately and have long-term consequences that can be difficult to overcome if you don’t take the right steps to protect your legal rights and reputation.
It is quite likely that a protection order or No Contact order will be put in place if it has not already, and it is vitally important to comply with the terms. To defend yourself and prevent mistakes that could increase the potential for penalties, it is a good idea to talk to a defense attorney who understands domestic violence and protection orders inside and out.
At Burke Brown Attorneys, PLLC, we have over three decades of experience handling domestic violence defense and protection orders, so we know how the problems can multiply quickly in these situations. Here’s what you need to be aware of if you have or could be charged with domestic violence in Washington state.
Immediate Impacts
When police are called to the scene where someone has alleged domestic violence, they are required to make an arrest if they have probable cause to believe that domestic violence occurred within the past four hours. Domestic violence can refer to a crime like assault, but it can also refer to other conduct such as destruction of property or harassment. Police don’t need corroboration to make an arrest, and they may be encouraged to err on the side of protecting a potential victim at the expense of someone who may be wrongfully accused. Even if the officer does not make an arrest, the police may submit a report to the prosecutor, and then the prosecutor will determine if charges should be filed.
Legal Impacts
Someone arrested on suspicion of domestic violence can be held in jail until they have the opportunity to appear in court to answer the charges. Then the court may or may not allow the person accused to be released on bond until the full trial. If the criminal court does not impose a no-contact order, the person who made the accusations may seek a protection order from the civil court.
Criminal Penalties
The official penalties imposed in a domestic violence case generally depend on the circumstances, including whether the person accused has prior offenses on record. In addition to penalties against the domestic violence offense, there could also be charges of additional offenses such as violating a No Contact order or “interfering with reporting domestic violence.” Those charges and other offenses such as fourth-degree assault are gross misdemeanors punishable by up to 364 days in jail and a fine of up to $5,000. Assaults that involve a weapon or result in injury can be charged as felony offenses with higher fines and prison sentences.
Courts can impose supervised probation and other consequences in lieu of imprisonment, and an experienced domestic violence defense attorney will know how to advocate for the least detrimental outcome. For instance, the court could require the person accused to undergo treatment or counseling and pay a domestic violence assessment.No-Contact Orders
As noted above, courts can impose a no-contact order that will remain in effect for the duration of the criminal case. Additionally, the person who alleged domestic violence can petition the court for a domestic violence protection order. They can get a temporary order immediately without giving the other person a chance to tell their side of the story to the court. Then two weeks later, the court will hold a hearing to determine whether to issue a long-term protection order.
Orders often prohibit all types of communication between those involved in a domestic violence case. If any type of order is issued against you, then you need to be extremely cautious. Even posting something on social media, sending a text to your child, or talking to someone with a “message” for the protected party can be treated as a criminal violation.
Long-Term Personal Impact
The criminal justice system in Washington state is built on the premise of “innocent until proven guilty,” but that doesn’t seem to hold true in domestic violence cases outside of the courtroom or court records. An accusation can damage your reputation even if it is completely unfounded. You could lose your job and have difficulty securing employment or housing in the future. Anyone who conducts a search can find charges of domestic violence on your record, and it can cause people to look at you with suspicion even if you do something as simple as a volunteer to coach your child’s soccer team, causing mental and emotional trauma that can haunt you for years.
A charge of domestic violence can force you to surrender any firearms you own and you could lose the right to own firearms in the future. In addition, domestic violence convictions can work against you in divorce and custody matters.
An attorney experienced in effective domestic violence defense will know how to definitively refute the accusations and protect your future.
Defending Against False Accusations and Other Situations
Sometimes the accusations that lead to a charge of domestic violence are completely false. Other times, allegations represent an exaggeration of what actually happened. And on other occasions, the person accused lost their temper and took actions they wished had never happened. An effective defense strategy is necessary in every one of these situations because the system puts anyone accused of domestic violence in a very precarious position regardless of the truth.
From the first allegations through protection order hearings and until the matter is resolved through dismissal, trial, or settlement, you need the advice and representation of a legal advisor who understands your best options at each step along the way.
Burke Brown Attorneys Can Protect Your Future When You’re Facing Domestic Violence Charges
In the eyes of law enforcement and other members of the community, you may be considered guilty until proven innocent if you’ve been charged with domestic violence. At Burke Brown Attorneys, PLLC, we have seen situations snowball out of control with increasing penalties in situations where someone accused of domestic violence did not understand what was at stake.
We have dedicated our practice to protecting the futures of those accused of wrongdoing because we believe everyone deserves to have someone explaining their side of the story and advocating for their best outcome. If you have been accused of domestic violence, even if charges have not yet been filed, we invite you to schedule a consultation with us to learn more about how we can protect your rights and your future. To schedule your consultation, call us at 206-933-2414, contact us through our website, or email us at team@burkebrown.com.
